Housing Act 1996

Right to collective enfranchisement E+W

3 (1) Chapter I of Part I of the M1 Leasehold Reform, Housing and Urban Development Act 1993 (collective enfranchisement in case of tenants of flats) shall be amended as follows.

(2) Section 5 (qualifying tenants) shall be amended as follows—

(a) in subsection (1) (which defines a qualifying tenant as a tenant of a flat under a long lease at a low rent), for “at a low rent” there shall be substituted “ which is at a low rent or for a particularly long term ”, and

(b) in subsection (2)(c) (which excludes from the definition a tenant under a lease granted in breach of the terms of a superior lease which is not a long lease at a low rent), after “rent” there shall be inserted “ or for a particularly long term ”.

(3) After section 8 there shall be inserted—

“8A Meaning of “particularly long term”.

“8A (1) For the purposes of this Chapter a long lease is for a particularly long term if—

(a) it is granted for a term of years certain exceeding 35 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise,

(b) it is for a term fixed by law under a grant with a covenant or obligation for perpetual renewal (other than a lease by sub-demise from one which is not for a particularly long term),

(c) it takes effect under section 149(6) of the M2 Law of Property Act 1925 (leases terminable after a death or marriage), or

(d) it is a lease which—

(i) is or has been granted for a term of years certain not exceeding 35 years, but with a covenant or obligation for renewal without payment of a premium (but not for perpetual renewal), and

(ii) is or has been renewed on one or more occasions so as to bring to more than 35 years the total of the terms granted (including any interval between the end of a lease and the grant of a renewal).

(2) A long lease which does not fall within subsection (1) above shall nonetheless be treated for the purposes of this Chapter as being for a particularly long term if it is a long lease by virtue of paragraph (c) or (d) of section 7(1).

(3) Where this Chapter applies as if there were a single lease of property comprised in two or more separate leases, then, if each of the separate leases is for a particularly long term, this Chapter shall apply as if the single lease were for such a term.”.

(4) In section 13(3)(e) (particulars to be included in initial notice which relevant to whether person a qualifying tenant), in sub-paragraph (ii), for “a lease at a low rent” there shall be substituted “ at a low rent or for a particularly long term ”.

Marginal Citations

M1 1993 c. 28.

M2 1925 c. 20.